What is the term for harm cuased by one person to another, other than through breach?
Tort
Can a Tort be defined as a CIvil Wrong?
Yes
Does Tort have to be against the physical person?
No. It can be done to property or reputation as well
Is Neglegent Misrepresentation a Tort?
Yes
What is the interference with propety called?
Defamation
Is Tort law meant for compensation or punnishment?
Compensation.
What are the three categories tort is broken into?
Tresspass to land
Deceit or Fraud
Negligence
Does tort impose liability based on fault or guilt?
Fault
What are the two main Torts?
Intentional and Negligent
A harmful act commited on purpose.
Intentional Tort
Are the Torts of Flase imprisonment and battery Intentional or Negligent?
Intentional
Unreasonable conduct, including a careless act or omission that causes harm to another.
Negilgent Tort
Punishes people who violate the Criminal Code. Crown has burden of proof.
Criminal Action
A liability that arises due to one’s own personal wrong
Primary Liability
A liability that arises due to the relationship someone has to the person who actually commits the tort.
Vicarious Liability
Person who commits a tort
Tort-feasor
Two or more people whom a court holds jointly responsible for loss or injuries.
Joint tort-feasor
A defenseused by a defendant when arguing that the plaintiff is at least partially responsible for the harm.
Contributory negligence (stupid plaintiff factor)
Provides monetary compensation for work-related injuries or illnesses
Workers compenation legislation
Is Workers compenation legislation a no fault tort? Can you launch a negligent lawsuit against an employer for it?
Yes. No.
Compensation for pain and suffering, loss of life enjoyment, loss of life expectancy, etc.
Non-pecuniary Damages (General Damages)
Compensation for out of pocket expenses, loss of future income, cost of future care.
Pecuniary Damages
Awards to the plaintiff to punish the defendant for malicious, oppressive, and high-handed conduct.
Punitive Damages
Copensate Plintiff for intangible injuries.
Aggravated Damages.